A. Division Of One Lot: The subdivision of one lot into two (2) lots may be approved administratively by the zoning administrator. The following requirements must be met prior to approval of an administrative subdivision:
1. Submittal of the required application and fee.
2. Submittal of proof of ownership.
a. Current title commitment or current title opinion for abstract property and a certificate of title for registered property (torrens).
3. Submittal of a certificate of survey. A current certificate of survey, prepared and signed by a Minnesota licensed land surveyor, depicting the following:
a. Graphic scale of drawing (engineering scale only, not less than 1 inch equals 50 feet).
b. North arrow.
c. Date of survey.
d. Existing legal description of the parcel of land to be subdivided.
e. Existing parcel boundaries shown with survey measurement data matching the existing legal description of the parcel of land to be subdivided.
f. Area in square feet and acres of the outside boundary of the parcel of land to be subdivided.
g. Existing site improvements within the subject property and fifty feet (50') outside the boundaries of the parcel of land to be subdivided.
h. All encroachments along the outside boundary of the parcel of land to be subdivided.
i. Easements of record (referenced in the current title commitment, current title opinion or certificate of title).
j. Basins, lakes, rivers, streams, creeks, delineated wetlands, and other waterways bordering on or running through the parcel of land to be subdivided. The ordinary high water elevation and the 100-year flood elevation shall be shown where applicable, if available from the city or the DNR.
k. Location, right of way widths and names of public streets or other public ways, showing type, width and condition of improvements, if any, which pass through and/or are adjacent to the parcel of land being subdivided.
l. Location, right of way widths and names of railroads, if any, which pass through and/or are adjacent to the parcel of land being subdivided.
m. Identify registered lands (torrens) within the outside boundaries of the parcel of land being subdivided.
n. Identify all gaps and overlaps of the property being subdivided.
o. The outside boundary of the property being subdivided must be clearly marked with survey monumentation.
p. The boundary shown with survey measurement data and legal description of the lots as they are proposed to be subdivided.
q. The boundary and legal description of any proposed easements on the property. A drainage and utility easement at least ten feet (10') wide must be provided along all property lines. A drainage and utility easement may also be required over wetland, wetland buffers, stormwater basins, lakes, drainage channels and tributaries.
r. Dedication of easements for public streets consistent with the city's comprehensive transportation plan may also be required. (Ord. 866, sec. 1, 5-17-2010)
B. Subdivision Of Two-Family Or Townhouse Lots: The subdivision of base lots containing two-family or townhouse dwellings to permit individual private ownership of a single dwelling within such a structure is subject to the following requirements: (Ord. 673, sec. 1, 7-17-2000; amd. Ord. 866, sec. 3, 5-17-2010)
1. Prior to the subdivision, the base lot must meet all the requirements of the zoning district.
2. The unit lot must meet all the requirements of the zoning district. Up to a ten percent (10%) reduction in either the unit lot area or unit lot width requirement for one unit of a two-family dwelling subdivision is permitted provided all other requirements of this title are satisfactorily met. (Ord. 673, sec. 1, 7-17-2000)
3. There shall be no more than one principal structure on a base lot in all residential districts. The principal structure on unit lots created in a two-family, or townhouse subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots. (Ord. 673, sec. 1, 7-17-2000; amd. Ord. 866, sec. 3, 5-17-2010)
4. No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming nonconforming.
5. A property maintenance and party wall agreement must be provided by the applicant and submitted to the city attorney for his review and comment. The agreement shall ensure the maintenance and upkeep of the structure and the lots to meet minimum city standards. The agreement is to be filed with the Dakota County recorder's office as a deed restriction against the title of each unit lot.
6. Separate public sewer and water services shall be provided to each subdivided unit and shall be subject to the review and approval of the city engineer.
7. The subdivision is to be platted and recorded in conformance with the requirements of this title.
8. Verification of fire walls in compliance with the uniform building code shall be provided by a certified independent inspector at the expense of the applicant. (Ord. 673, sec. 1, 7-17-2000)
C. Subdivision Of Apartment Dwelling Structures, And Other Cooperative Condominium Housing Structures: The subdivision of base lots containing apartment dwelling structures, and other cooperative condominium housing structures to permit individual private ownership of a single dwelling within such a structure is subject to the following requirements: (Ord. 673, sec. 1, 7-17-2000; amd. Ord. 867, sec. 2, 5-17-2010)
1. The subdivision is to be platted and recorded in conformance with the requirements of this title.
2. The subdivision shall comply with applicable cooperative or condominium laws of the state. (Ord. 673, sec. 1, 7-17-2000)